BY NATION REPORTER
THE Electoral Commission of Zambia (ECZ) has gone into mute mode after a receiving a backlash from political parties, civil society organizations, interest groups and an array of stakeholders following its announcing of the date of by-elections in Kabushi and Kwacha constituencies respectively when the matter is still active before the courts.
Fred M’membe, Chishimba Kambwili, George Chisanga, Linda Kasonde and Issac Mwanza have roundly chastised ECZ for proceeding to conduct by-elections in Kabushi and Kwacha before the matters which are in court could be conclusively exhausted.
They have all described the decision by the ECZ as an act of gross breach of the constitution and contempt of court for which they have demanded either the resignation of the trio or get sacked by President Hakainde Hichilema for violating the constitution.
All efforts to get the ECZ to clarify their decision failed as the acting Chief Electoral Officer, Bob Musenge and the ECZ public relations officer Patricia Luhanga, including Commissioners Ali Simwinga, Ndiyoyi Mutiti and Major General Vincent Mukanda could not be reached for a comment.
As for Mr Musenge and Ms Luhanga, several calls placed on their phones went unanswered and by press time, none of the officials from the ECZ was available for a comment on the status of the by-elections in Kabushi and Kwacha.
But late in the evening yesterday, Maj-Gen Mukanda issued another statement endorsing his signature on the first statement he had issued announcing the date for the by-elections in Kabushi and Kwacha.
By yesterday afternoon, the PF had gone to court seeking the Constitutional Court’s interpretation over the Electoral Commission of Zambia (ECZ) decision to proceed with the by-elections in Kabushi and Kwacha constituencies before final determination of the matters before courts.
According to originating summons filed in Concourt, PF secretary general Nickson Chilangwa is seeking an interpretation whether a candidate who withdraws from an election can rescind his decision and be allowed to contest the said elections without fresh nominations.
Mr Chilangwa is questioning whether under article 52 (6) of the constitution (amendment act) number 2 of 2016, after the withdrawal of the two independent candidates Alfred Yombwe and Lawrence Kasonde, ECZ has the discretion to conduct fresh nomination or not.
And George Chisanga, the former Law Association of Zambia (LAZ) president, told the Daily Nation that the PF would be instituting contempt of court proceedings against the ECZ for deliberately and with impunity ignoring the High Court Order that stayed the by-elections in the two constituencies.
Mr Chisanga who is PF Lukashya Member of Parliament, said the ECZ was not only in breach of the constitution but had also committed contempt of court for ignoring the court order that had stayed the by-elections.
“We will endeavour that the commissioners who endorsed the letter which was circulated purporting that the ECZ had set a date for the conducting of the by-elections in Kabushi and Kwacha are cited for contempt of court,” Mr Chisanga said.
Ms Kasonde of Chapter One said ECZ had contravened the Constitution and the High Court order to stay the elections by proceeding to conduct the elections while matters were still going on in the courts.
In a statement, Ms Kasonde said her organisation was concerned with the decision by ECZ to proceed with the by-elections in the two constituencies despite the fact that there was still an on-going court case in which the occupancy of the seat was being challenged.
Meanwhile, Fred M’membe has called for the immediate resignation of Mr Simwinga, Ms Mutiti and Maj Gen Mukanda from the ECZ for breaching the Constitution by calling for by-elections in Kabushi and Kwacha respectively when the matter is still active before the courts of law.
In his write-up titled: “BA HH, UPND MULETUTWALA KWISA;” Dr M’membe said what the ECZ had committed was blatant lawlessness and contempt of court by proceeding with the by-elections when the matter was still active in the courts. “If Mr Simwanga, Ms Mutiti and Maj Gen Mukanda Rtd cannot comply with the provision of the Constitution, we demand that they resign from their posts instead of setting the country on fire. No elections should be held in Kabushi and Kwacha without fresh nominations.
